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Subash Suna Vs. the State

Court : Orissa

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 50 and 52A(1); Bihar and Orissa Excise Act, 1915

Reported in : 1997CriLJ1324

trial Judge has relied on the principles decided under the Bihar and Orissa Excise Act, 1915, and has totally ignored the mandatory provisions of the … with vehemence that the learned trial Judge has relied on the principles decided under the Bihar and Orissa Excise Act, 1915, and has totally ignored the mandatory provisions of the Act, and the whole approach being erroneous the … accepted as credible, there is no infirmity in the impugned judgment. With regard to compliance of provisions of Section 50, submission of Sri Prusty is that the learned Excutive Magistrate had accompanied the raiding party and the seizure

Lakhanlal and ors. Vs. the State of Orissa and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 7(1), 22, 22(1), 22(2) and 29

Reported in : AIR1977SC722; (1976)4SCC660; [1977]1SCR811

held that it was a tax which was not contemplated by Section 38 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, and that Rule 103(1) of the Board's Excise Rules in regard … M.H. Shinghal J.1. These appeals by certificate or special leave are directed against judgments of the Orissa High Court dated May 15, 1970, February 3, 1971, April 16, 1971, May 7, 1971, September 6, 1971 … earlier decision in Siba Prasad Saha's case of April 16, 1971 I. L. R. 1971 and dismissed the writ petitions . and that has led

Balbir Singh Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 20, 37, 42, 42(1), 42(2) and 50; Bihar and Orissa Excise Act - Sections 47; Code of Criminal Procedure (CrPC) - Sections 439

Reported in : 1996CriLJ3068

& Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and Section 47(a) of the Bihar & Orissa Excise Act.2. It is alleged that the petitioner is the owner of a Maruti Van bearing registration No. … under Section 37 of the N.D.P.S. Act is applicable, in view of non-compliance with the mandatory provisions of Section 50 and Section 42 of the N.D.P.S. Act, the petitioner should be released on bail. He has drawn my

Ashok Kumar Majhi and Another. Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act - Section 22, A 29(2)(a) Read With Rules 3, 4; Foreign Liquor Rules - Rule 3, I 3-A.

objection dated 11.11.2009 under Annexure-3 did not satisfy the requirement of Section 22 of the Bihar and Orissa Excise Act, 1915 since the notice failed to specify the "loca1ity" and the "loca1 area" within i which the excise … the social workers and villagers of village Boden in the A District of Nuapada in the State of Orissa have prayed for quashing of i ' Notice No.248 dated 10.7.2010 issued by the Collector & Districtpetition and … /AKDMagistrate, Nuapada for settlement of India Made Foreign Liquor Off i -` l shop (in short "IMFL Off shop") through lottery for the year 2010-11

Bung Balaram Behera Vs. State of Orissa

Court : Orissa

Subject : Criminal

Reported in : 2008(I)OLR553

Sections 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as 47(a) of the Bihar and Orissa Excise Act, in S.T. No. 16/150 of 1990 before the 2nd Addl. Sessions Judge, Puri. By the judgment … 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as 47(a) of the Bihar and Orissa Excise Act, in S.T. No. 16/150 of 1990 before the 2nd Addl. Sessions Judge, Puri. By the judgment dated 15.9.1990, … Mahanty, J.1. The appellant faced trial as an accused for offences under Sections 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as … for a period of six months and pay a fine of Rs. 500/-, in default, to undergo R.I. for a further of two months.2. The

Har Shankar and ors. Vs. the Dy. Excise and Taxation Commr. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Punjab Excise Act, 1914 - Sections 3(9), 5, 8, 16, 17, 20, 20(1), 20(2), 24, 24(4), 26, 27, 27(2), 34, 34(1), 35(2), 36, 43, 56, 58, 59, 60 and 60(1); Bombay Prohibition Act, 1949; Cochin Abkari Act; Bombay Lotteries and Prize Competition Control and Tax Act, 1948; Punjab Liquor Licence Rules, 1956 - Rules 1, 11, 12, 23, 24, 27A, 28, 30, 31, 35, 36, 36 (23-A), 59 and 103(1); Punjab Liquor Licence (First Amendment) Rules, 1968 - Rule 27-A; Prohibition and Excise Laws; Federal law; Constitution of India - Articles 14, 19, 19(1), 19(6), 47, 132(1), 133(1), 226, 298 and 301; Ajmer Excise Regulation - Regulation 1915; Bombay Abkari Act, 1878; Bengal Excise Act, 1909; Madras Abkari Act, 1886; Eastern Bensal and Assam Excise Act, 1910; Bihar and Orissa Excise Act, 1915 - Sections 2

Reported in : AIR1975SC1121; (1975)1SCC737; [1975]3SCR254; MANU/SC/0321/1975

Province, the Eastern Bensal and Assam Excise Act 1910; the Bihar and Orissa Excise Act 1915; the Cochin Abkari Act as amended by the Kerala … sale of country spirit, foreign liquor, Beer, etc. shall be granted subject to the provisions of the Punjab Excise Act, 1 of 1914, (hereinafter called 'the Act') and the rules framed thereunder. By Condition 14(1), licences for retail … Section 58 the State Government may make rules for the purpose of carrying out the provisions of this Act. Section 59 empowers the Financial Commissioner by Clause (a) to regulate the manufacture, supply, storage or sale of any … Chowk Vend was auctioned on the basis of the fixed quota of 50,506 proof litres which is equivalent to 1,34,685 bottles per year.11. The appellants

State of Haryana and ors. Vs. Lal Chand and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Punjab Excise Act, 1914 - Sections 22, 27, 28, 34, 58(1), 59 and 60; Punjab Liquor Licence Rules, 1956 - Rule 36(2), 36(3), 36(4), 36(16), 36(22-A), 36(23), 36(23)(1), 36(23)(2), 36(23-A) and 37(8-B); Constitution of India - Articles 226 and 299(1); Indian Forest Act, 1927; Forest Contract Rules

Reported in : AIR1984SC1326; 1984(1)SCALE690; (1984)3SCC634; [1984]3SCR715; 1984(16)LC722(SC)

of the licence fee payable in respect of a liquor vend issued under Section 60 of the Punjab Excise Act 1914 ('Act' for short).2. Put very shortly, the essential facts are these. On March 11, 1969, the Deputy … cases on the point which we must notice are : Ajodhya Prasad Shaw and Anr. v. State of Orissa and Ors. A.I.R. [1971] Ord 158 and Shree Krishna Gyanoday Sugar Ltd. and Anr. v. Slate of Bihar … Rule 36(22) of the Rules. The respondents however failed to deposit Rs. 50,550 as security amount as required under Rule 36(22A) and thereby contravened condition

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

that a confession made to an Excise Inspector under the Bihar and Orissa Excise Act of 1915, would be a confession made to a police … the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of the State, and that therefore, judgments rendered … section 42, which could then lead to investigation of an offence under the Act. He also referred to section 50 of the NDPS Act, and stated that given a higher protection as to conditions under which a search … 38.On the other hand, the CrPC has been made expressly applicable by the following sections of the NDPS Act: section 34(2), which refers to the form of a security bond; section 36B, which refers to the High Court’s

Utkal Distilleries Ltd. (In All) Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Reported in : 2009(I)OLR616

from the years 1994-95 to 2004-05.2. The brief facts of the case are that the Commissioner of Excise, Orissa, vide Order dated 12.9.1990 (Annexure-1) granted licence in favour of the company M/s. Sitansu Mohan Pattnaik & Co. … for potable purpose and, therefore, unfit for human consumption.Sub-section 1 of Section 27 of the Bihar & Orissa Excise Act, 1915 (hereinafter referred to as 'the Act, 1915') deals with the power to impose duty on import, transport … & 104 & Letters Patent, 1865, Clause 10: [Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu, JJ] Letters Patent Appeal Order of Single Judge

Ugam Nath Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 457; Bihar and Orissa Excise Act, 1915

Reported in : 2004(I)OLR188

whether the Magistrate in some cases can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, 1973. We have delivered a separate … the Magistrate in some cases can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, 1973. We have delivered a separate judgment today